THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY STEPHENS, BOBACK, GEORGE, HESS, HORNAMAN, KNOWLES, MAJOR, MILLARD, MURT, ROCK, SWANGER, TALLMAN, TOEPEL, VULAKOVICH, WATSON, GEIST, MILNE AND FARRY, FEBRUARY 14, 2012

AS REPORTED FROM COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, HOUSE OF REPRESENTATIVES, AS AMENDED, APRIL 4, 2012   

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, further providing for duty of driver in emergency

response areas.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 3327(a), (b) and (b.1) of Title 75 of the

Pennsylvania Consolidated Statutes are amended and the section

is amended by adding a subsection to read:

§ 3327.  Duty of driver in emergency response areas.

(a)  General rule.--When approaching or passing an emergency

response area, a person, unless otherwise directed by an

emergency service responder, shall:

(1)  pass in a lane not adjacent to that of the emergency

response area, if possible; [or]

(2)  if passing in a nonadjacent lane is impossible,

illegal or unsafe, pass the emergency response area at a

careful and prudent reduced speed reasonable for safely

passing the emergency response area[.]; or

(3)  not drive past, around or through a sign or traffic-

control device closing a road or highway due to an existing

or potentially hazardous condition.

(b)  Penalty.--

(1)  Any person violating subsection (a) commits a

summary offense and shall, upon conviction, pay a fine of not

more than $250.

(2)  A person who violates subsection (a)(3) commits a

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summary offense and shall, upon conviction, pay a fine of not

more than $500 if the individual or the disabled vehicle

utilizes the services of a first responder or emergency

medical or rescue services personnel, including towing

services as a result of the violation.

(2)  If a violation of subsection (a)(3) results in the

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utilization of the services of a first responder or emergency

medical or rescue personnel, including towing services, the

fine shall be increased to not less than $250 nor more than

$500.

(b.1)  Suspension of operating privilege.--The department

shall suspend the operating privilege of any person for 90 days

upon receiving a certified record of the driver's conviction,

adjudication of delinquency or admission into a preadjudication

program for a violation of subsection (a), if the certified

conviction indicates the violation resulted in serious bodily 

injury to another person or if the vehicle becomes disabled as a

result of violating subsection (a)(3). The license shall be

surrendered in accordance with section 1540 (relating to

surrender of license).

(b.2)  Presumption.--For the purposes of this section, it is

presumed that a vehicle became disabled as a result of violating

subsection (a)(3) if it was disabled near or in the hazard for

which the traffic-control device had been placed absent evidence

to the contrary.

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Section 2.  This act shall take effect in 60 days.